The trademark RENOVO living colors was filed by Hagebau Handelsgesellschaft für Baustoffe mbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 26, 2022, and received one opposition filed on September 26, 2022 by Bien-Zenker GmbH on Likelihood of confusion. the opponent was represented by BOCK LEGAL PARTNERSCHAFT VON RECHTSANWÄLTEN MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 26, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry
Adhesives for use in industry
Putties and other paste fillers
Biological preparations for use in industry and science
Mold inhibiting chemicals for preventing growth of mold
Plastics in the form of chips for paints
Adhesives for the building industry
Adhesives for floor coverings
Silicones
Wallpaper removing preparations.
The mark was filed in class 2 with following description of goods:
Paints, varnishes, lacquers
Preservatives against rust and against deterioration of wood
Colouring matters, dyestuffs
Paints for use in removing mould
Paints for use in preventing mould
Floor coverings (paints)
Primers for lacquers, paints and varnishes
Preserving paints and coating preparations
Oils for use in the treatment of wood
Mordants
Coating preparations for protection against wear.
The mark was filed in class 3 with following description of goods:
Cleaning, polishing, scouring and abrasive preparations Mould removing preparations
Anti-slip preparations for floors
Abrasive paper
Abrasive textiles.
The mark was filed in class 4 with following description of goods:
Industrial oils and greases, wax
Lubricants
Dust controlling compositions
Fuels and illuminants
Methylated spirit
Petroleum.
The mark was filed in class 5 with following description of goods:
Disinfectants
Preparations for destroying noxious animals
Fungicides, Herbicides Fungicidal fungal agents.
The mark was filed in class 6 with following description of goods:
Materials of metal for building and construction
Non-electric cables and wires of common metal
Metal hardware
Metal containers for storage or transport
Metallic mountings
Floor sections made of metal
Wipe-off grids of meta
Metal rails
Wallpaper cutting guides, of metal.
The mark was filed in class 8 with following description of goods:
Hand operated hand tools and implements
Cutlery, knives
Blades for knives
Hand-operated sanders
Scrapers [hand tools]
Hand-operated guns for the extrusion of mastics and paste
Paint splatter shields, in particular Hand-operated tools for use in paper hanging, painting or laying work.
The mark was filed in class 9 with following description of goods:
Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments
Fire-extinguishing apparatus, dust masks
Plumb levels
Teeth protectors
Knee guards being protective work materials.
The mark was filed in class 16 with following description of goods:
Paper and cardboard
Printed matter
Bookbinding material
Photographs [printed]
Stationery and office requisites (except furniture)
Drawing materials and materials for artists
Paint brushes
Teaching materials [except apparatus]
Plastic sheets, films and bags for wrapping and packaging
Printed matter
Printed publications
Information magazines
Pamphlets
Books
Diagrams
Graphic representations
Manuals [handbooks]
Calendars
Prospectuses
Cards and sheets for measuring colour (coloured cards)
Masking paper
Painting tools, in particular, Paint trays
Sponges for applying paint
Painters' brushes.
The mark was filed in class 17 with following description of goods:
Plastics and resins in extruded form for use in manufacturing processes
Packing, stopping and insulating materials
Flexible pipes, tubes and hoses, not of metal Fittings, not of metal, for mouldings
Stucco
Adhesive films
Adhesive tapes for use with floor coverings.
The mark was filed in class 19 with following description of goods:
Materials, not of metal, for building and construction
Rigid pipes, not of metal, for building
Non-woven fabrics for ground and surface protection
Floor sections made of non-metallic materials.
The mark was filed in class 20 with following description of goods:
Furniture
Containers, not of metal, for storage or transport
Fasteners, non-metallic
Wallpaper cutting guides, Non-metallic panels
Table tops
Sample card tables and Sales displays
Samples of the aforesaid goods.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Combs and sponges
Brushes
Material for brush-making
Cleaning articles
Steelwool.
The mark was filed in class 22 with following description of goods:
Nets
Tents and tarpaulins
Sacks for the transport and storage of materials in bulk
Concrete curing blankets made of textile
Sacks.
The mark was filed in class 25 with Clothing and Combinations [clothing]..
The mark was filed in class 35 with following description of goods:
Publicity and sales promotion services
Media relations services
Online advertisements
On-line promotion
Retail and wholesale services, Also provided via the Internet, and Via teleshopping programmes and Online or catalogue mail order services, in relation to the following goods: Building articles, DIY articles, Garden article, Namely of, Chemical products, Used in industry, for scientific purposes, For use in photography, For agricultural purposes, For horticultural purposes, for forestry purposes, Adhesives for use use in industry, Stucco and Other filling compounds, Biological preparations For use in industry and science, Mould inhibiting chemicals for preventing growth of mould, Plastics in the form of flakes for paints, adhesives for use in construction, Floor covering adhesives, Silicones, wallpaper removing preparations, Paints, varnishes, lacquers, preservatives against rust and against deterioration of wood, coloring matters, dyestuffs, Paints for use in removing mould, Paints for use in preventing mould, Floor coatings [paints], undercoats for varnishes, paints and glazes, preservatives and coatings, Oils for use in the treatment of wood, Stainers, Coating preparations for protection against wear, Preparations to clean, polish, degrease and abrade, mould removing preparations, Anti-slip preparations for floors, Sandpaper, Abrasive textiles, Industrial oil and greases, Flour wax, Lubricants, Dust absorbing, wetting and binding compostions, fuels and illuminants, Methylated spirit, Coal oil, Disinfectants, preparations for destroying vermin, Fungicides, Herbicides, Fungicidal preparations, Metal materials for building and construction, Non-electric cables and wires of common metal, articles of metal hardware, Metal containers for storage or transport, Fasteners of metal, floor sections made of metal, Paint grids Goods of metal, namely, metallic rails, Wallpaper cutting guides Goods of metal, namely, Hand-held tools and implements, Cutlery, knives, Razor knives, Hand-operated sanders, Scrapers (hand tools), Hand-operated guns for the extrusion of mastics and pastes, paint shields, Namely of Hand-operated tools for use in paper hanging, painting or laying work, Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments, Fire extinguishers, Dust masks, Plumb levels, Mouth masks, Knee guards being protective work materials, Paper and cardboard, Printed matter, bookbinding material, Photographs, stationery and office requisites, except furniture, articles for drawing and Artists' materials, paint brushes, Instructional and teaching materials, Plastic sheets, films and bags for wrapping and packaging, Printed mater, printed publications, Information magazines, Pamphlets, books, Diagrams, Graphic representations, manuals, Calendars, Prospectuses, Charts and sheets for measuring colour [coloured charts], masking paper, Paint trays (painting tools), sponges for applying paint, Paintbrushes, Plastics and resins in extruded form for use in manufacturing processes, Packing, stopping and insulation materials, Flexible pipes, tubes and hoses, not of metal Fittings, not of metal, for mouldings, Stucco, Adhesive films, Adhesive tapes for use with floor coverings, materials not of metal for building and construction, Non-metallic rigid pipes for building and construction purposes, Non-woven fabrics for ground and surface protection, Floor sections Non-metal tubes, Furniture, Containers, not of metal, Wallpaper cutting guides, Non-metal tubes, Table tops, Household or kitchen utensils and containers, combs and sponges, Brushes and paintbrushes, Except paintbrushes, Brush-making materials, articles for cleaning purposes, Steel wool [sponges of metal], Nets, tents and tarpaulins, Bags [sacks] for the transport and storage of materials in bulk, Concrete curing blankets made of textile, sacks, wearing, Coveralls
Providing of datasets on articles (consumer information relating to sales prices and information on articles via digital sales displays.
The mark was filed in class 41 with following description of goods:
Arranging of seminars [further training, training], arranging of web seminars [further training, training]
Multimedia publishing
Multimedia publishing of books
Multimedia publishing of printed matter.
The mark was filed in class 42 with following description of goods:
Analog and digital measuring services
Architectural planning and configuration services (digital and analogue)
Creation and providing of control programs for automatic measurement, installation, adaptation and three-dimensional visualisation in connection therewith
Advisory services relating to building design
Technical application consultancy and information relating to assembly, In relation to the following goods: Articles for building purposes, DIY articles, Gardening items, in particular, Chemical products, For commercial use, Science, For photographic purposes, For agricultural purposes, For horticultural purposes, for forestry purposes, adhesives used in industry, Mastics and Other mastic compounds, Biologics, For commercial use, Science, Mould inhibiting chemicals for preventing growth of mould, plastics in the form of flakes for paints, adhesives for the building industry, adhesives for floor coverings, Silicones, Wallpaper removing preparations, Paints, varnishes, lacquers, Preservatives against rust and against deterioration of wood, Colouring preparations, Colors, Paints for use in removing mould, paints for use in preventing mould, floor coatings [paints], undercoats for varnishes, paints and glazes, preservatives and coatings, oils for use in the treatment of wood, Staining, Coating preparations for protection against wear, Furbishing preparations, Polish, Grease removers, Grinding compositions, Mould removing preparations, anti-slip preparations for floors, abrasive paper, abrasive textiles, Industrial oils and greases, Wax, Lubricants, dust absorbing, Wetting, Dust-laying compositions, Fuel compositions and Illuminants, Methylated spirit, Petroleum lamps, Disinfecting agents, Preparations for destroying pests, Fungicides, Herbicides, Fungicidal preparations, materials of metal for building and construction, Cables and wires of common metal, Not for electric purposes, Small items of metal hardware, Metal containers for storage or transportation, Fixing materials of metal, Floor trim of metal, Paint grids of metal, Rails of metal, Wallpaper cutting guides of metal, Hand operated hand tools and implements, Cutlery, Knives, Knife blades, hand-operated sanders, scrapers [hand tools], hand-operated guns for the extrusion of mastics and pastes, paint shields, in particular Hand-operated tools for use in paper hanging, painting or laying work, Scientific apparatus, Scientific instruments, Research apparatus, research instruments, navigation apparatus, Navigational instruments, Surveying apparatus, Surveying instruments, photographic apparatus, photographic instruments, Film equipment, Cinematographic instruments, Audiovisual apparatus, Audiovisual instruments, Optical apparatus and instruments, Weighing apparatus, Weighing instruments, Measurement apparatus, Measuring instruments, Signalling devices, Signal instruments, Detection apparatus, detection instruments, Assay apparatus, Test instruments, Checking (supervision) apparatus, Checking instruments, Rescue apparatus, Life-saving instruments, Teaching apparatus, Teaching instruments, firefighting apparatus, Dust masks, plumb levels, Teeth protectors, Knee guards being protective work materials, Paper and paper board, Printed matter, binding articles, photos, Stationery and Office supplies Other than furniture, drawing materials and artists' materials, Paintbrushes, Instructional and teaching materials, Foils and Pouches Of plastics, For packaging, for packaging, Printed matter, Printers' printed publications, Information magazines, Brochures, books, Graphs, Graphic representations, Manuals [handbooks], Calendars, Prospectuses, Charts and sheets for measuring colour [coloured charts], masking paper, paint trays (painting tools), sponges for applying paint, paintbrushes, goods of plastic or resins in extruded form for use in manufacturing processes, Stopping and insulating materials, Flexible pipes, conduits and hoses [not of metal], fittings, not of metal, for mouldings, Mastics, Adhesive films, Adhesive tapes for use with floor coverings, materials, Not of metal for building, Non-metallic rigid pipes for building, Non-woven fabrics for ground and surface protection, floor trim Non-metallic tiles, Furniture, Containers, not of metal, Wallpaper cutting guides, Non-metallic tiles, Mount plates for tables, Household or kitchen utensils and containers, Combs and sponges, Brushes and Paintbrushes, Other than for painting, Brush-making materials, Articles for cleaning, Steel wool [saucepan scourers of metal], Nets, Tents and canvas tarpaulins, Sacks for the transport and storage of materials in bulk, textile tarpaulins, Sacks, wearing, Combinations [clothing]